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HomeMy WebLinkAboutRES NO 136-00RESOLUTION NO. 13 6 ' 0 0 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE DRAFT AND FINAL PROGRAM EIR FOR THE GPA/ZC NO. P99-0647 PROJECT; MAKING FINDINGS AND CERTIFYING THAT THE FINAL PROGRAM EIR HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRON MENTAL QUALITY ACT, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES. (RE: GPA/ZC NO. P99-0647) WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, OCTOBER 2, 2000, and THURSDAY, OCTOBER 5, 2000, on General Plan Amendment/Zone Change P99-0647 of the proposed amendment to the Land Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General Plan and the Zoning Ordinance, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Program Environmental Impact Report (EIR) is for Concurrent General Plan Amendment/Zone Change No. P99-0647 as follows: General Plan Amendment/Zone Chan~le P99-0647: Mountain View Bravo, LLC and S & J Alfalfa have applied to amend the Land Use Element and the Circulation Element of the Metropolitan Bakersfield 2010 General Plan and the Zoning Ordinance consisting of changes as follows: Land Use Element Amendment - consisting of changes from MUC (Mixed Use Commercial), LR (Low Density Residential) and HR (High Density Residential) to GC (General Commercial) on 96.90 acres; and from MUC and LR to HR on 65.50 acres generally located between Paladino Drive, State Route-176, Masterson Street and Vineland Road (extended); and Circulation Element Amendment - an amendment establishing new arterial and collector street alignments within the development site generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended); and Zone Chanqe - an amendment to the zoning ordinance changing the zoning districts from A (Agriculture) and R-l(One-Family Dwelling) to C-2 (Regional Commercial) on 96.9 acres; from A to R-1 on 500 acres; from A and R-1 to R-3 (Limited Multiple-Family Dwelling) on 18.12 acres, and R-2 on 47.38 acres generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended). WHEREAS, for the above-described projects, an Initial Study and Notice of Preparation (NOP) was conducted and it was determined that the proposed project would have a significant effect on the environment and therefore, a Program Environmental Impact Report was required for the project and was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, in order to provide greater public participation, all those property owners within 300 feet and all those who requested notification at a Planning Commission public hearing or requested special notice to the Development Services Department were noticed individually of the availability of the Draft Program Environmental Impact Report (EIR), and this public hearing; and WHEREAS, the environmental record prepared in conjunction with the project includes the following: The Notice of Preparation, the Draft Program Environmental Impact Report and the Final Program Environmental Impact Report; and All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultants relating to the project; and All testimony, documents, and evidence presented by the City and consultants working with the city relating to the project; and The proceedings before the Planning Commission relating to the project and Draft Program Environmental Impact Report, including testimony and documenting evidence introduced at the public hearings; and Matters of common knowledge to the City Council which it considers including but not limited to, the following: The City of Bakersfield Metropolitan Bakersfield 2010 General Plan; and 2. The City of Bakersfield Zoning Ordinance; and 3. The City of Bakersfield Municipal Code; and Other formally adopted policies and ordinances of the City of Bakersfield. WHEREAS, the Draft Program Environmental Impact Report was subject to a forty- five (45) day review period in accordance with Section 15087 of California Code of Regulations; and WHEREAS, the public hearing on the Draft Program Environmental Impact Report was held during the latter half of the public review period as is required by the City of Bakersfield, California Environmental Quality Act (CEQA) Implementation Procedures; and WHEREAS, the Notice of Preparation (NOP) for this project was sent to all agencies having any involvement in this project per Section 15082 of California Code of Regulations; and WHEREAS, the notice of public hearing was given to all commenting agencies as is required by the City of Bakersfield CEQA Implementation Procedures, State CEQA Guidelines and State Law; and WHEREAS, the applicant has entered into an agreement with the City of Bakersfield to implement all mitigation measures identified in the environmental analysis contained with the EIR; and WHEREAS, the project site is a podion of an irregular shaped parcel consisting of 693.90 acres that was annexed to the City of Bakersfield in 1977; and WHEREAS, the "Findings of Fact in suppod of Findings for Significant Environmental Effects" for GPNZC P99-0647 is attached in Exhibit "A" and incorporated herein by this reference; and WHEREAS, the "Statement of Overriding Considerations" for GPAJZC P99-0647 is attached hereto in Exhibit "B" and made a part hereof by this reference; and WHEREAS, the laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in the City of Bakersfield CEQA Implementation Procedures and State CEQA Guidelines, have been duly followed by the city staff and the City Council; and WHEREAS, Potentially Significant Impacts have been mitigated, see Exhibit "A", attached hereto and incorporated herein by this reference, and which describes those impacts identified by the Draft Program Environmental Impact Report that will be mitigated to a less than significant level. As to each of said impacts, the City Council hereby finds that mitigation incorporated into the project will avoid impacts or mitigate impacts to a less than significant level. Each of the impacts including the Findings of Fact in support of Findings for Significant Environmental Effects for GPNZC P99-0647 is as set forth in Exhibit "A"; and WHEREAS, as to Significant and Unavoidable Impacts, certain environmental impacts are considered unavoidable and cannot feasiblely be mitigated to a less-than significant level. Moreover, the project alternatives analyzed in the Final Program EIR would not feasiblely mitigate the impacts. These impacts are discussed in Exhibit "A", attached hereto and incorporated herein by this reference. Notwithstanding disclosure of these impacts and their partial mitigation, the Planning Commission elected to recommend approval of the project due to overriding considerations as set forth in the "Statement of Overriding Considerations" attached as Exhibit "B". WHEREAS, on October 13, 2000, an appeal of the Planning Commission's decisions was filed by Steve Hollis; and WHEREAS, the City Council has considered the appeal Commission's decision filed by Steve Hollis. 3 NOW THEREFORE, BE IT RESOLVED and found by the City Council of the City of Bakersfield as follows: The above recitals and findings, together with the Statement of Facts/Statement of Overriding Considerations attached hereto as Exhibit "B" and incorporated herein by reference, are true and correct and are incorporated herein. The report of the Planning Commission, including maps and all reports and papers relevant thereto, has been transmitted by the Secretary of the Planning Commission to the City Council. 3. That all required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. That the applicant by prior written agreement shall comply with all adopted mitigation measures contained within the Draft Program Environmental Impact Report and Final Program Environmental Impact Report. The City Council hereby finds that mitigation incorporated into the project avoids impacts or mitigates impacts to less than significant level. Each of the impacts and the facts substantiating this finding are as set forth in Exhibit "A" attached hereto and made a part hereof by this reference. Significant and Unavoidable Impacts. Certain environmental impacts are considered unavoidable and cannot feasibly be mitigated to a less-than significant level. Moreover, the project alternatives analyzed in the Final EIR would not feasibly mitigate the impacts. These impacts are discussed in Exhibit "A". Notwithstanding disclosure of these impacts and their partial mitigation, the City Council elects to approve the project due to overriding considerations as set forth in the "Statement of Overriding Considerations" as attached as Exhibit "B," and made a part hereof by this reference Filing of Notice of Determination. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. A Mitigation Monitoring Plan describing the monitoring and mitigation is found in the Program Environmental Impact Report and Exhibit "C" and incorporated herein by this reference, and the City Council elects to approve this plan as implementation of the mitigation measures for the General Plan Amendment/Zone Change No. P99-0647. 10. The City Council hereby certifies the Program Environmental Impact Report for General Plan AmendmentJZone Change P99-0647. 11. The City Council hereby denies the appeal of the Planning Commission decision recommending certification of the EIR. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of.the City of Bakersfield at a regular meeting thereof held on November 15, 2000 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER HoN~ COUNCILMEMBER I',J O1'4 ~, COUNCILMEMBER t,3(~i~t~', APPROVED NOV J 5 i~I~YBOP~e City of Bak~/2~j"j/q)r~'/~ersfield APPROVED as to form: BART THILTGEN City Attorney S:\Dole\P99-0647~CC EIR Certification Reso3ution.wpd City in the Hills EXHIBIT A FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE CITY IN THE HILLS PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS (September 19, 2000) INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant efl~cts on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant eftbcts on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Specific economic, social, or other considerations make infeasibte the mitigation measures or project alternatives identified in the final environmental impact report." Because the City in the Hills project Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Bakersfield hereby adopts these findings as part of the approval of the City in the Hills project and related applications. The City of Bakersfield has prepared an EIR for the project in accordance with CEQA and CEQA Guideline requirements. The EIR was subject to review and approval by the Bakers field City Cotmcil. At a public hearing held on November 15, 2000, the EIR was certified as adequate in accordance with CEQA procedures. After adopting this Statement of Findings of Fact, the Bakersfield City Council can approve the City in the Hills project. All subsequent tract maps, grading permits, mitigation implementation, and regulatory agreements and permits will be reviewed based on the documentation in the EIR. MITIGATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed in the following sections. The Bakersfield City Council finds that these potential adverse impacts would be mitigated to a level H:/Client/0216/02160001 l.FND.doc City in the that is considereal less thm~ significant after implementation of the project design featuras and recommend~ mitigation measures. BIOLOGICAL RESOURCES Special-Status Species Significant Impact Direct take ~f San Joaquin kit fox, blunt-nosed leopard lizard, and burrowing owl could possibly occur during grading of the approximately 694-acre site. Vehicular collisions as well as depredation by domestic dogs and cats could also result in the direct take of special-status wildlife species. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakers field Habitat Conservation Plan (MBHCP). Prior to the issuance of a grading permit on the 694-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a) A preconstruetion survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of consu'uction activities in areas subject to development to determine the necessity of den excavation. b) Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by constroetion activities shall occur. H:/Clicnt/0216/021600011 .FND.do~: 2 City in the Hills c) Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens shall be provided. d) Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every I/4 mile. Slope of ramps shall be no steeper than I:l. e) All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. g) All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. Because "take" of blunt-nosed leopard lizards is also currently prohibited by Section 5050 of the California Department of Fish and Game (CDFG) Code, additional mitigations are necessary in addition to those required by the MBHCP. The following measures are recommended to comply with this Section 5050: a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols. These surveys should be conducted between April 15 and June 30 under fie specified time and temperature conditions. This survey is necessary to determine the current status of blunt-nosed leopard lizards on the project site. b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods for compliance with Fish and Game Code Section 5050 to CDFG for review and approval. Raptor Nest Disturbance Significant Impact Implementation of the proposed project may disturb active burrowing owl nests. Nests of other raptors are not expected to be impacted. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. H:/Chenlj0216/021600011 FNDdoc CiO' in the Hills Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit for the approximately 694-acre site. the project applicant shall comply with the following raptor nest mitigation: a) If site grading is proposed during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. b) If construction is proposed to take place during the raptor nesting/breeding season (February -September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January). c) Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September I through January 31 ), passive and/or active relocation efforts may be undertaken if approved by CDFG and United States Fish and Wildlife Service (USFWS). If active burrowing owl burrows are detected during breeding season (February 1 through August 31 ). no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Sensitive Habitats/Jurisdictional Areas Significant Impact Areas under the jurisdiction of United States Amy Corp of Engineers (USACE) or CDFG may be impacted by the project. Impacts to these areas would be considered significant. Finding Changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Facts in Support of Finding The significant effbct has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. H :/Client/0216/021600011 ,FN D.doc ~C>Fmdings9 City in the Hills A formal jurisdictional delineation will be conducted. if project development would impact jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively prior to the issuance of a grading permit and/or approval of plans and specifications. USACE and CDFG typically require mitigation plans to be prepared prior to the loss of habitat within jurisdictional areas. Indirect Impacts Significant Impact Following project buildout, increased vehicular traffic, noise, pollutants, and other indirect impacts are expected to adversely affect local wildlife. Wildlife mortality could occur from collisions with motor vehicle traffic. Depredation on native wildlife by dogs and cats is expected to increase. Human related impacts on wildlife such as disturbance of active nests or dens are also expected to increase. The introduction of non-native invasive plant species could occur due to project implementation. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. The following invasivo exotic plants shall not be used in any project residential or commercial landscaping: lamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Depamnent of Agriculture are allowed to become established. Typical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass. During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species. H:JClicnt/0216/02160001 I.FND.do~ Findings City i. the Hills TRAFFIC AND CIRCULATION Proiect Traffic Volumes Significant Impact The proposed project will result in the generation of 60,976 trips of which 51,830 trips will be distributed to roadways in the project vicinity while the remaining 9,146 trips would remain on roadways on the project site. This increase in project traffic as well as Waffic from future related growth would result in project and cumulative impacts to 4 intersections and 4 sweet segments in the year 2010 and 12 intersections and I street segment in the year 2020. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuanCe of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. These improvement fees shall be used to provide the improvements listed on pages 44 and 45 in Appendix C in the Draft EIR. The following improvements shall be included within the improvement list. Prior to issuance of building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submiRed to the City for review and approval. The following tralTtc signals shall be installed prior to full buildout of the project which is expected to occur in the year 2020: Panorama Drive and Morning Drive Morning Drive and Auburn Street Paladino Drive and Faiffax Road Vineland Road and SR 184 Paladino Drive and Morning Drive The following roadway segments shall be installed prior to full buildout of the project which is expected to occur in the year 2020: Install 2 lanes of pavement on Paladino Drive from Faiffax Road to Masterson Street. Install 2 additional lanes of pavement on Kern Canyon Road from SR 178 to Niles Sweet. H:K2'lit:nt~216/021600011 .FND.doc City in the Hills Prior to the issuance of building permits, the project applicant shall provide its fair share funding toward the following improvements. The funding for the following improvements shall be distributed equitably between future land uses through the development of a foe per unit for residential or per square foot for non-residential. The development fees shall be paid prior to the issuance of each building permit. Traffic signals shall be installed at the following locations prior to one-half buildout of the project which is expected to occur in the year 2010 and full buildout of the project which is expected to occur in the year 2020: Year 2010 (Project One-Half Buildout) Vineland Road and Interior Collector Street Panorama Drive and Interior Collector Street (2 locations) Panorama Drive and Masterson Street Morning Drive and SR 178 Masterson Street (SR 184) and Old SR 178 Vineland Road and SR 178 Year 2020 (Full Project Buildout) SR 184 and Chase Avenue Queen Sweet and Paladino Drive Alfred Harrell Highway/Comanche Drive and SR 178 The following intersection improvement shall be installed at the following location prior to one-half buildout of the project which is expected to occur in the year 2010: Year 2010 (Project One-Half Buildout) Add one left turn lane to eastbound and westbound lanes and re-time traffic signals at the intersection of Faiffax Road and SR 178. The following roadway segments shall be installed prior to one-half buildout of the project which is expected to occur in the year 2010: Year 2010 (Project One-Half Buildout) Install Vineland Road between SR 178 and Collector Loop SWeet. Install half width of SR 178 and Masterson Street along the project frontage. Install 2 lanes of pavement on Panorama Drive from Morning Drive to Queen Street. Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred Harrell Highway/Comanche Drive· Prior to the issuance of a building permit, the project applicant shall provide funding for the future re. aligned SR 178 between Fairfax Road and Alfred HatTell Highway/Comanche Drive. The project applicant shall provide a fair share amount of that portion of the future realigned SR 178 that is determined to be the obligation of local development. The project's share of tralTm on SR 178 is 7.5 percent. Local funding for the future realignment of SR 178 shall be distributed equitably between future land uses through the development of a fee per unit for H:/Client/0216/02160001 I.FND.doc City in the Hills residential or per square foot for non-residential. Local fees shall be paid prior to the issuance of each building permit. Prior to the issuance of building permits, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall install the following roadway segments that am not part of the Metropolitan Bakersfield Transportation Impact Fee Program: Install Panorama between Queen Street and Masterson Street. Install the onsite Collector Loop Street. Install Valley Lane between Panorama Drive and Paladino Drive. Install Queen Street between Panorama Drive and Paladino Drive. The project applicant shall provide full funding for all improvements on the project site and provide its fair share funding toward the portion of the improvements that are outside of the project site (i.e., the westerly half-width of Queen Street between Panorama Drive and Paladino Drive). The shared funding for the above improvements shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residential. The development fees shall be paid prior to the issuance of each building permit. NOISE Commercial Noise Sources Potentially Significant Impact Proposed commercial land uses would be adjacent to and near proposed residential land uses, which would be exposed to varying amounts of commercial noise impacts from such sources as air conditioning units, trash compactors, fans, compressors, and truck deliveries. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potential significant effects on the environment. Facts in supporting Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. H :/CI lent/0216/02160001 I. FN D.doc Findings City in tl~ Hills Prior to the issuance of a building permit for the proposed commercial uses, the project applicant shall demonstrate that project commercial noise source impacts on nearby residences are below those indicated in the City's hourly noise level performance standards. To demonstrate that commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/orientation, acoustical design of buildings, etc. Project-Related Onsite Traffic Noise Significant Impact Development of the proposed land uses would result in a daily traffic volume increase of approximately 60,976 trips. In the year 2010, two onsite street segments along Masterson Street would experience noise levels that exceed 65 dB CNEL, which is considered a significant noise impact. In the year 2020, there would be 6 onsite street segments along Panorama Drive, Vineland Road, SR 178 (future alignment), Masterson Street, and Paladino Drive that would experience noise levels that exceed 65 dB CNEL, which is also considered a significant noise impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant efteels on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. Prior to the issuance of building permits, the project applicant shall reduce noise levels on the project residences by setting residential uses back from the roads by a distance equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum setback distance shall be 188 feet; for the remaining roadways mentioned above, the minimum setback shall be 84 feet. As an alternative to setbacks, the project applicant could use sound walls to mitigate traffic noise levels. The exact height and placement of soundwalls would depend on lot design and grading. Walls in the range of 6 to 10 feet probably would suffice for most situations. When lot design and grading are established, an acoustical consultant shall establish necessary wall heights and locations. H:/Client/0216/021600011.FND.doc City in the Hills AIR QUALITY Short-Term Emissions -Construction Activity Ful~itive Dust Significant Impact Construction of the proposed project could have a temporary significant impact on local air quality in the form of fugitive dust (PM 10)emissions. Fugitive dust emissions are associated with land clearing, ground excavation, cut and fill operations, and truck travel on unpaved roads. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant efl~cts on the environment. Facts in Support of Finding The significant eft~ct has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Compliance with San Joaquin Valley Air Pollution Control District (SJVUAPCD) Regulation VIII and the City of Bakers field air quality regulations would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented: Prior to approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakers field Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. In addition to compliance with Regulation VIII. the following measures can further reduce fugitive dust emissions associated with the project. The following shall be incorporated into building plans: Cover all access roads and parking areas with asphalt-concrete paving. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). Limit construction-related vehicle speeds to IS mph on all unpaved areas at the construction site. H:/Client/0216/02160001 I. FN D. doc 10 City in the Hills All haul trucks should be covered when transporting loads of soil. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project site. Short-Term Emissions -Construction E~uioment Exhaust Emissions Significant Impact Construction activity will also result in exhaust emissions from diesel-powered heavy equipment. Exhaust emissions from construction include emissions associated with the transport of m. achinery and supplies to and from the site, emissions produced onsite as the equipment is used, and emissions from trucks transporting excavated materials from the site and fill soils to the site. Examples of these emissions include CO, ROG, NOx, SOx and PM~0. ]Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant efteeLs on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. The following shall be incorporated into grading and building plans: · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. H:/Clienl~)216/02160001 I.FND.dOe I1 City in the Hills CULTURAL RESOURCES Paleontoloaical Resources Potentially Significant Impact Grading activities in the southwest portion of the project site between elevations 600 feet and 700 feet could result in impacts to the Sharktooth Hill bonebed. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potential significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. A paleontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bonebed. · Prior to grading, a paleontologist shall be retained, attend a pre~grading meeting, and set forth the procedures to be followed during the monitoring program. One paleontological monitor shall be provided that is trained and equipped to allow rapid removal of fossils with minimal construction delay, Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading constmctor's assistance (e.g., removal of overburden, lifting, and removing large and heavy fossils). The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designated depository, and any other appropriate agency, and transfer fossil collection to a depository within the City of Bakersfield 6r County of Kere. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources. H:/Clicnt/0216/02160001 I.FND.doc 12 City in the Hills PUBLIC SERVICES AND UTILITIES Fire Protection Services Significant Impact Development of the proposed project would result in a substantial increase in population and structures on the project site and require 8.7 additional fire protection personnel to serve the site based on the current City staff levels. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of building permits, the project applicant shall submit building plans to and obtain approval from the Bakersfield Fire Department so that fire department personnel and equipment can be reviewed and evaluated to determine the need to increase personnel and equipment to serve each individual project. Prior to the approval of grading plans, the project applicant shall submit emergency fire access plans to the Fire Department for review and appwval to assure that service to the site is in accordanea with the Bakersfield Fire Department requirements. · Prior to the commencement of structured framing onsite, the project applicant shall install fire hydrants in accordance with the City-approved building plans. Prior to the approval of street improvement plans, the project applicant shall demonstrate to the City Fire Department that the nnsite water supply system is designed to provide sufficient fire flow pressure and storage in accordance with City Fire Department requirements. H:/Clicnl/0216/02160001 I.FND,dOC 13 City in the Hills Police Protection Services Significant Impact Development of the proposed project would result in a substantial increase in population and structures on the project site and require 15 additional police protection personnel to serve the site based on the current City staff levels. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. Prior to the issuance of building permits, the project applicant shall submit building plans to and obtain approval from the Bakersfield Police Department so that police department personnel and equipment can be reviewed and evaluated to determine the need to increase personnel and equipment to serve each individual project. School Services Significant Impact Implementation of the proposed project would result in the generation of 2,087 K-6th, 821 7-81h, and 1,013 9-121h students. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. H :/Client/0216/021600011 .FND.doc 14 City in the Hills Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. Prior to the issuance of building permits, the project applicant shall pay District-adopted development impact school fees that are in effect at the time of issuing each permit. The District-adopted fees are required to be in accordance with State statutes that are in effect at the time of issuing each permit. In lieu of the above, the project applicant may comply with alternative mitigation acceptable to the District. Stormwater Drainage Significant Impact Development of the proposed project would result in substantial increases in stormwater runoff and potential significant impacts on existing drainage facilities. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, the project applicant shall submit drainage plans for the project site for review and approval by the City of Bakersfield. The drainage plans shall identify all necessary onsite and offsite drainage facilities to accommodate project-related as well as cumulative (in accordance with the existing General Plan) drainage volumes and velocities. Modifications to the existing PDA for the Breckenridge area will require an approval of an amendment to the PDA by the City of Bakersfield. SIGNIFICANT tINAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the City in the Hills project are listed below. The Bakersfield City Council finds that these potential significant adverse impacts would be reduced with the implementation of the project-related design features and It :/CI ienlKI216/021600011 FN D doc 15 Findings City in the Hil~ recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Bakersfield City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. LAND USE AND PLANNING Consistency with Plans, Policies. and Programs Significant Impact The proposed project would not conflict with most of the goals of.the General Plan and with other regional plans and policy documents including the Metropolitan Bakersfield Habitat Conservation Plan, Air Quality Attainment Plan, and the Regional Transportation Plan. However, the project would not be consistent with the Noise Element of the City's General Plan. The project includes residences in an area that would expose future residents to noise levels from racing events at Mesa Marin RaGeway that exceed the City' s noise performance standards. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding No feasible mitigation measures are available for the project applicant to reduce noise levels from the Mesa Marin Raceway to less than the City's LsrL55 dBA standard for affected residences. The No Projectf No Development Alternative would avoid significant and unavoidable land use and planning impacts, but would not meet any of the project objectives. The Alternative Design and Less Intense Development Alternative would both result in reduced land use and planning impacts compared to the proposed project, but would not meet many of the project objectives. The No Project/Development in Accordance with Existing General Plan Land Use Designations Alternative would result in greater land use and planning impacts than the proposed project. The significant and unavoidable adverse impacts on land use and planning by the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. H:/Clicnt/02|6/02160001 I.FND,doc 16 City in the Hills NOISE Project Related Offsite Traffic Noise Significant Impact in the year 2010, one offsite roadway segment (along SR 178) would experience a significant adverse project-related traffic noise level, and in the year 2020, there would be 6 offsite roadway segments (along Panorama Drive, Fairfax Road, and Paladino Drive) that would experience significant adverse project-related traffic noise levels. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project altemativas identified in the final EIR. Facts in Support of Finding No feasible measures are available for the project applicant to reduce offsite traffic noise. While the No Project/No Development Alternative would avoid significant and unavoidable noise impacts from offsite lraf'~c noise, this alternative would not meet any of the project objectives. The Alternative Design and L~ss Intense Development Alternative would both result in reduced noise impacts from project-related offsite traffic noise, but would not meet many of the project objectives. The No Project/Development in Accordance with Existing General Plan Land Use Designations Alternative would result in higher levels of project-related traffic and, therefore, greater project-related offsite traffic noise impacts. The significant and unavoidable adverse impacts from project-related offsite traffic noise from the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A, Mesa Marin Raeewav Noise Significant Impact Development of residential land uses in the southern half of the project site will expose residents to noise levels that exceed Lf0-55 dBA. These noise levels would be generated by racing events at the adjacent Mesa Marin Raceway, H:/Client/0216/021600Ol I.FND.doc 17 Findings City in the Hills Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, Facts in Support of Finding No feasible measures are available for the project applicant to reduce noise levels from the Mesa Marin Paceway to less than L50-55 dBA. While the No Projec~No Development Alternative would avoid significant and unavoidable noise impacts from Mesa Marin Paceway by keeping residences out of the southern portion of the site, this alternative would not meet any of the project objectives. The Alternative Design and Less Intense Development Alternative would both result in reduced noise impacts from Mesa Marin Paceway, but would not meet many of the project objectives. The No Project/Development in Accordance with Existing General Plan Land Use Designations Alternative includes residences in the southern portion of the project site so would result in the same noise impacts from Mesa Marin Paceway. The significant and unavoidable adverse impacts from Mesa Marin Paceway noise are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Cumulative OffsiteTrafficNoise Significant Impact In the year 2020, the proposed project and future growth will result in significant adverse cumulative traffic noise levels along Panorama Drive, old SR 178, Fairfax Road, Morning Drive, SR 184, SR 178 (future alignment), Masterson Street, and Paladino Drive. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding No feasible measures are available for the project applicant or applicants for development of future growth to reduce offsite traffic noise. While the No Prnject/No Development Alternative would not contribute to cumulative offsite traffic noise, this alternative would not meet any of the project objectives. The Alternative Design and Less intense Development Alternative would both result in H:lClient~216/02160001 I.FND.d4~ 18 City in the Hills reduced impacts in terms of cumulative offsite traffic, but would not meet many of the project objectives. The No Project/Development in Accordance with Existing General Plan Land Use Designations Alternative would result in higher levels of project-related traffic and, therefore, greater contribution to cumulative offsite traffic noise. The significant and unavoidable adverse impacts of cumulative offsite traffic noise for the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. AIR QUALITY Lon2-Term Emissions Significant Impact Long-term emissions will be caused by mobile sources (vehicle emissions) and stationary source energy consumption (heating and cooling) emissions. The major long-term impact to air quality will be ROG and NOx emissions caused by motor vehicles traveling to and from the project site, and NOx emissions from stationary source energy consumption. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Findings Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse air quality impacts associated with long-term operational activities, but would not meet any of the project objectives. The Alternative Design and Less Intense Development Alternative would beth result in reduced air quality impacts compared to the proposed project, but would not meet many of the project objectives. The No ProjecVDevelopment in accordance with Existing General Plan Land Use Designation Alternatives would result in greater long-term air quality impacts than the proposed project. Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion includes the following: H:/Clienl/0216/02160001 I.FND,dOC 19 City in the Hills a) Improve street and traffic signals for those intersections and street segments that will accommodate traffic from the proposed project, The project applicant shall incorporate the following into building plans: · Use low-NO, emission water heaters. · Provide shade trees to reduce building cooling requirements. · Install energy-efficient and automated air conditioners. · Exterior windows shall all be double-paned glass. · Energy-efficient (low-sodium) parking lights shall be used. · Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. Implementation of the above measures will serve to substantially, but not completely, mitigate the potentially significant long-term air quality impacts. The remaining unavoidable adverse impacts are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. AESTHETICS Significant Impact Since the project site does not currently include any development, implementation of the proposed project would substantially alter the existing visual characteristics of the site and substantially alter the existing viewsheds surrounding the site. The proposed project would introduce new sources of light associated with the general commercial land uses, including parking lot lighting, sign lighting, and security lighting. Increased traffic in the area would also create additional sources of light. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts In Support of Findings Implementation of the following mitigation measures would lessen or avoid project impacts; however, the impacts would remain significant. The No Pro. ieet/No Development Alternative would completely avoid the significant and unavoidable adverse aesthetic impacts associated with development of the project site, but would not meet any of the project objectives. The Alternative Design and Less Intense Development Alternative would both result in reduced aesthetic impacts compared to the proposed project, but would not meet many of the project objectives. The No Project/Development in H:/Clicnt/0216/02160001 I .FND.doc 2O City in the Hills Accordance with Existing Land Use Designations Alternative would result in an increased development intensity, and therefore greater aesthetic impacts. Prior to the issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity ne.~ts and design lights to be directed towards intended uses. Methods to reduce light impacts may include low-intensity light fixtures and hooded shields. Prior to the issuance of building permits, the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting on private residences is designed so that all direct rays are confined to the site and that adjacent residences are protected from substantial light and glare. Implementation of the above measures will serve to substantially, but not completely, mitigate the potentially significant aesthetic impacts. The remaining unavoidable adverse impacts are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. H:/Clicnt~0216/02160001 I,FND.doe 21 Findings City in the Hills EXHIBIT B ATTACHMENT A STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Bakersfield proposes to approve the City in the Hills project although unavoidable adverse land use, noise, air quality, and aesthetic impacts have been identified in the EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds that those impacts are outweighed by the benefits of the City in the Hills project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: 1. Provide a residential and commercial use community on land that historically has not been used for farming. Provide a residential and commercial use community that includes similar uses as currently identified in the Metropolitan Bakersfield 2010 General Plan Land Use Element for the project site. 3. Provide a mixed use development that would establish residential uses in close proximity to an employment center. 4. Provide substantial additional housing units within the noaheast Bakersfield area. 5. Provide substantial commercial uses in the City that would increase sales tax revenue to the 'City. 6. Provide right-of-way for the future construction of the approved SR 178 Freeway and the Vineland Road interchange. 7. Provide right-of-way for the future construction of the SR 178 and Masterson Street interchange. Therefore, the Bakersfield City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. H:/Clicnl/0216/02160001 I.FND.doc 22 Statement of Overriding CoJ~ider,ations ~ ' .... .U,~ ~ City in the Hills EXHIBIT C Mitigation Measures CITY IN THE HILLS PROJECT MITIGATION MONITORING PLAN (September 19, 2000) Mitigation Measure BIOLOGICAL RESOURCES Special Status Sheties · DevelQpme, nt Services (P~inning And BUffdlng) Planning Verification of Compliance Engineering. Services and Traffic Engineering Fire Department h) BR-I Prior to the issuance of a grading permit, the pwjeet applicant shall pay a development fee in accordance with the Meu'opolitan Bakersfield Habita~ Conservation Plan (MBHCP). BR-2 Prior to the issuance of a grading permit on the 694-acre site. the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding u'aeking and excavation shall be followed to prevent enrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a) A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. Monitoring and excavation of each known San Joaquin kit fox den which carmot be avoided by construction activities shall occur. Notification of wildlife agencies of relocation Approved by on Planning Approved by on \XMBAI\VOLI\WPWINMZIient (PN-JN)~0216~0216001 I',,g216~01 I.MMP.doc Mitigation Monitoring Plan City in the Hills l~itilation Mensure opportunity prior to ground disturbance in areas of known kit fox dens shall be provided. d) Excavations shall either be consU'ucted with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every I/4 mile. Slope of ramps shall be no steeper than 1: 1. c) All pipes, culverts or similar sl~uctures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. 0 All employees, contractors, or other persons involved in the construction of the project shall attend a "tailga~' session informing them of the biological ~source protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. ", ~8c)~AII food, garbage, and plastic shall be disposed '~if in closed containers and regularly removed :: ~ \ ~ ' BAI VOLI\WPWINXCli~nt(PN-JN)~0216\02160011~2160011.MMP.dOC Development SerVices (Phnning And Building) Verification of Corn p!lance Engineering Servlcu and Traffic ' ' Engineernil= l~re Department Comments Mitigation Monitoring P/an City in the Hills Mitigation Measure from the site to minimize attracting kit fox or offier animals. BR-3 Because "/ake" of binnt-nosed leopard lizards is also currently prohibited by Section 5050 of the California Fish and Game Code, additional mitigations are necessary in addition to those required by the MBHCP. The following measures are recommended to comply with this Section 5050: a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols, These surveys should be conducted between April 15 and June 30 under the specified time and temperature conditions. This survey is necessary to determine the current status of blunt-nosed leopard lizards on the project site. b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods for compliance with Fish and Game Code Section 5050 to CDFG for review and approval. Rantor Nest Disturbance DeVelopment Services (PInning And Building) Planning Approved by On Planning BR..4 Prior to the issuance of a grading permit for Approved by the approximately 694-acre site, the project applicant shall comply with the following raptor nest on mitigation: a) If site grading is proposed during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identif7 active nests in areas potentially impacted by project implementation. C'77 ! 5 \MMBAIXVOL|\WPWIN~Iient (PN-JN)%0216~0216OOI IX021600| I.MMP.da¢ Verification of Compliance Engineering Services and Traffic Engineering Fire Department 3 Mitigation Monitoring Plan City in the Hills Mitigation Measure b) If construction is proposed to take place during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (OctoberJanuary). c) Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February I through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Sensitive Habitats/Jurisdictional Areas Development Services (Planning And Building) Planning BR-5 A formal jurisdictional delineation will be conducted. If project development would impact jurisdictional areas, a Clean Water Act, Section 404 permit from USAGE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively Prior to the issuance of a grading permit and/or approval of plans -il ~and specifications. USACE and CDFG typ ca ly : "~ i?quire mitigation plans to be prepared prior to the ::, C"~' ~a~BAI\VOLI\WPWIN~Clicnt (PN-JN)X0216\02160011%02160011 .MMP.doc Approved by On Verification of Compliance Engineering Services and Traffie Engineering l~re Department Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure loss of habitat within jurisdictional areas. Indirect lmoacts Development Senlees (Planning .4aid Building) Planning BR~6 The following invasive exotic plants shall not be used in any project residential or commercial landscaping: lamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. Typical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass. BR-7 During construction, site boundaries shall be clearly masked with flagging, fencing, or other suitable material to prevent constnlction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species. TRAFFIC AND CIRCULATION TR-I Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. These improvement fees shall be used to provide the improvements listed on pages 44 and 45 in Appendix C in the Draft EIR. The following improvements shall be included within the improvement list. Prior to issuance of building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. a) The following traffic signals shall be installed ~, ;. ~,pdor to fu~l buildout of the project which is ~"~fected to occur in the year 2020. CT:K"~I\VOLI\WpWINM:Iient (PN-JN)\0216\0216001 I\02160011.MMP.do~ Approvedby on Planning Approvedby on Verification of Compliance Engineering Services and Traffic Engineering Fire Department Traffic Engineering Approvedby On 5 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure Panorama Drive and Morning Drive Morning Drive and Auburn Street Paladino Drive and Fairfax Road Vineland Road and SR 184 Paladino Drive and Morning Drive b) The following roadway seemera shall be installed prior to full buildout of the project which is expected to occur in the year 2020, lastall two lanes of pavement on Pa]adino Drive from Fairfax Road to Masterson Street. Install 2 additional lanes of pavement on Kern Canyon Road from SR 178 to Niles Street. TR-2 Prior to the issuance of building permits, the project applicant shall provide its fair share funding toward the following improvements. The funding for the following improvements shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residential. The development fees shall be paid prior to the issuance of each building permit. a) Traffic signals shall be installed at the following locations prior to one-halfbuildout of the project which is expected to occur in the year 2010 and full buildout of the project which is expected to occur in the year 2020: DevelOpme. at S~rvie~S~l~hnning And B~ilding) Year 2010 (Project One-Half Buildout) Vineland Road and Interior Collector Street ~f~(I~BAIXVOLI~WPWIN'Client (PN-3N)~216~0216003 Ix~216001 ].MMP.doc Verification of Compliance Engineering Services and Traffic Engineering Fire Department Traffic Engineering Approved by on Comments Mitigation Monitoring Plan City in the Hills Miligation M~asur~ Panorama Drive and Interior Collector Sweet (2 locations) Panorama Drive and Masterson Sheet Morning Drive and SR 178 Masterson Sweet (SR 184) and Old SR 178 Vineland Road and SR 178 Development Services (Planning And Building) b) Year 2020 (Full Project Buildout) SR 184 and Chase Avenue Queen Sheet and Paladino Drive Alfred Harrell Highway/Comanche Drive and SR 178 The following intersection improvement shall be installed at the following location prior to one- half buildout of the project which is expected to occur in the year 2010. Year 2010 (Project One-Half Buildout) c) Add one left mm lane to eastbound and westbound lanes and re-time traffic signals at the intersection of Fairfax Road and SR 178. The following madway segments shall be installed prior to one-half buildout of the project which is expected to occur in the year 2010. Year 2010 (Project One-Half Buildout) Install Vineland Road between SR 178 and Collector Loop SWeet. · ~ ~-,. , ~ Install half width of SR 178 and Masterson C~ ,,,~AI\VOL I\WPWIN\Client (PN-JN)\0216\02160011\02160011 .MMP.doc VerifieaOon of Complianc~ Enginering Servlcm and Traffic Enllla~rlng Fire l~partmeat 7 Comments Mitigation Monitoring Plan Cityin the Hills MRigation Measure Street along the project frontage. Install 2 lanes of pavement on Panorama Drive from Moming Drive to Queen Sweet. Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred Flarrell Highway/Comanche Drive. TR-3 Prior to the issuance of a building permit, the project applicant shall provide funding for the future realigned SR 178 between Fairfax Road and Alfred Harrell Highway/Comanche Drive. The project applicant shall provide a fair share amount of that portion of the future realigned SR 178 that is determined to be the obligation of local development. The project's share of traffic on SR 178 is 7.5 percent. Local funding for the future realignment of SR 178 shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residentiaL Local fees shall he paid prior to the issuance of each building permit. TR-4 Prior to the issuance of building permits, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall install the following roadway segments that are not part of the Metropolitan Bakersfield Transportation Impact Fee Program. Development Services (Pfan~ing "And Building) Install Panorama between Queen Street and Masterson Street. Install the onsitc Collector Loop Street. Install Valley Lane hetwccn Panorama Drive and Paladino Drive. \~.tBAI\VOLI\WPWFI~Clicnt (PN-JN)\0216\02160011\02160011 .MMP.doc Verifioafion of Compliance Engineering Servieea and Traffic Engineering Fire Department Traffic Engineering Approved by on Traffic Engineering Approved by 8 Comments Mitigation Monitoring Plan City in the Hills l~ittgation Measure Install Queen Street between Panorama Drive and Paladino Drive, Development And BUilding) The project applicant shall provide full funding for all improvements on the project site and provide its fair share funding toward the portion of the improvements that are outside of the project site (i.e., the westerly half-width of Queen Street between Panorama Drive and Paladino Drive). The shared funding for the above improvements shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residential. The development fees shall be paid prior to the issuance of each building permit. NOISE Commercial Noise Sources Planning N-I Prior to the issuance of a building permit for the Approved by proposed commercial uses, the project applicant shall demonstrate that project commercial noise source on impacts on nearby residences are below those indicated in the City's hourly noise level performance standards, To demonslrate commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/ orientation, acoustical design of buildings, etc. Project Related Onsite Traffic Noise Planning N-2 Prior to the issuance of building permits, the Approved by ~ ~-/)~o, ject applicant shall reduce noise levels on the ~ect residences by setting residential uses back on ":~'~:~]\:'~BAI\VOLI\WPWINXClient(PN-JN)\0216~02160011\02160011.MMp.aoe Verification of Compliance Engineering Services and Traffic, , Enghieerin~ Fire Department 9 Comments Mitigation Monitoring Plan City intheHills lV~tlgation Measure- . , f~om the roads by a distance equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum setback distance shall be 188 feet; for the remaining roadway mentioned above, the minimum setback shall be 84 feet. As an alternative to setbacks, the project applicant could use sound walls to mitigate traffic noise levels. The exact height and placement of soundwalls would depend on lot design and grading. Walls in the range of 6 to 10 fcet probably would suffice for most situations. When lot design and grading are established, an acoustical consultant shall establish necessary wall heights and locations. AIR QUALITY Short Term Emissions Development Services (Planning A~d Building) Planning AQ-I The construction of the proposed project would result in the generation of fugitive dust. Compliance with SJVUAPCD Regulation VIII and the City of Bakersfield air quality regulations would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. Approved by on Prior to approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department ~'om the SJVUAPCD stating the dust suppression measures that shall be completed during construct on activities to comply with SJVUAPCD Regulation VIII. \~IBAI\VOL I\WPWIN'~Clicnt (PN-JN)M}216\02|6001 B02160011 .MMP.doc Verification of Compliance Engineering Services and Traffic Engineering' Fire Department 10 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure AQ-2 In addition to compliance with Regulation VIII the following shall be incorporated into building plans. The following measures can further reduce fugkive dust emissions associated with the project. The following shall be incorporated into building plans: a) Cover all access roads and parking areas with asphalt-concrete paving. b) Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. c) Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. d) Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. e) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). f) Limit construction-related vehicle speeds to 15 rnph on all unpaved areas at the construction site. g) All haul trucks should be covered when wansporting loads of soil. h) Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. Development Services (Planning And Building) Planning Approved by on ~xMBAIWOLI\WpWIN\Cliem (PN-,'N)X0216X0216001 IM)2160011 .MMP.do~ Verification of Compliance Engineering Services and Tnllle ' EngineerinR Fire Department 11 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure AQ-3 The following shall be incorporated into grading and building plans. a) Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. d) Use electric equipment for construction whenever possible in lieu of fossil fael-fired equipment. Lone Term Emissions Development Services (Planning And Building) Planning Approved by on AQ-4 Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and waffle congestion includes the following: a) Improve street and traffic signals for those intersections and street segments that the proposed project contributes traffic. AQ,-5 The project applicant shah incorporate the following into building plans: ;i~ !' L~ low-NO. emission water heaters. C~/OLl\WPWtb~Client (PN-JN)~0216\02160011~0216001 I.MMP.do~ Building Approved by Verification of Compliance Engineer/ng Servi~ aud Traffic , Engineering Fire Department Traffic Engineering Approved by on 12 Comments Mitigation Monitoring Plan City in the Hills b) · ~., =~De, ve!0pment S~tvie~ (Planning Mitigation Measure ' And Building) Provide shade trees to reduce building cooling on requirements. c) Install energy-efficient and automated air conditioners. d) Exterior windows shall all be doub/e-paned glass. e) Energy-efficient (low-sodium) parking lights shall be used. f) Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. CULTURAL RESOURCES Arehaeological/Historical Resources Planning CR-I If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department Approved by on Verification of Compliance Engineering Senleo and Traffic Engineering Fire Department Comments 7" Er~AIXVOLI\WPWINXClient (PN-JN)X0216X0216001 t~0216001 l.MMP.doc 13 Mitigation Monitoring Plan City in the Hills Mitigation Measure Peleontolo~jcal Resources Development Services (Planning And Building) CR-2 A paleontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bonebed: a) Prior to grading, a paleontologist shall be retained, aterid a pre-grading meeting and set forth the procedures to be followed during the monitoring program. b) One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal conswoction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. c) If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading conlractor's assistance (e.g., removal of overburden, lifting and removing large and heavy fossils). The project paleontologist shall prepare, identify, and curaU~ all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting d) \xMBAIWOLBWpWINXClicnt (PN-JN)\0216M32160011\0216001 I.MMP.doc Verification of Compliance Engineering Services and Traffic Enl!in~ering Fire Department 14 Comments Mitigation Monitoring Plan City in the Hills · ~ Development ' :': Services (Planning Mitigation Measure --::=~': '~ ::~And Building) mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designated depository, and any other appropriate agency, and nnsfer fossil collection to a depository within the City of Bakersfield or County of Kern. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources. HAZARDOUS MATERIALS COMPLIANCE HMC-I Prior to the issuance of grading permits, the grading plans shall specify that in the event that hazardous waste is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material is handled and disposed 6f in the manner specified by the State of California 14aTardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the California Administrative Code, Title 30, Chapter 22. HMC-2 The applicant shall handle and dispose of all baTardous materials and wastes during the operation and maintenance of facilities in accordance with state codes. Veritieslion of Compliance Engineering Services and Traffic Engineering Fire Department Comments · ~VlBAI\VOLI\WPWIN\Clicnt(PN-JN)\0216\02160011~02160011.MMP.doc 15 Mitigation Monitoring Plan City in the Hills Mitigation Measure HMC-3 Prior to the issuance of grading permits, the grading plans shall specify that in the event that any abandoned or unrecovered oil wells are uncovered or damaged during excavation or grading, remedial plugging operations will be required. Development Serviees~(Piannlng And Building) HMC-4 No structures are to be located over a previously plugged or abandoned well. PUBLIC SERVICES AND UTILITIES Fire Protection Services FPS-I Prior to the issuance of building permits, the project applicant shall submit building plans to and obtain approval from the Bakers field Fire Department so that fire department personnel and equipment can be reviewed and evaluated to deterrome the need to increase personnel and equipment to serve each individual project. FPS-2 Prior to the approval of grading plans, the project applicant shall submit emergency fire access plans to the Fire Department for review and approval to assure that service to the site is in accordance with the Bakersfield Fire Department requirements. FPS-3 Prior to the commencement of structured framing onsite, the project applicant shall install fire hydrants in accordance with the City-approved building plans. FPS-4 Prior to the approval of street improvement plans, the project applicant shall demonsIrate to the ?l~ifFC[!r,e Department that the onsite water supply syste~'I;ts designed to provide sufficient fire flow ~/i~\VOLI\WPWII, hClicni (PN-JN)~0216\0216001 IXlY216001 I.MMP.doc Verifieafion of Compliance Eng'meering Services and Traffic Enl~ineering Fire Department Fire Department Approved by on Fire Department Approved by On Fire Department Approved by OH Fire Department Approved by 16 Comment5 Mitigation Monitoring Plan City in the Hills Mitigation Measure pressure and storage in accordance with City Fire Department requirements. Police Protection Services Development Services (Planning And Building) Planning PPS-I Prior to the issuance of building permits, the Approved by project applicant shall submit building plans to and obtain approval from the Bakersfield Police on Department so that police department personnel and equipment can be reviewed and evaluated to determine ~e need to increase personnel and equipment to serve each individual project. School Services Planning SS-I Prior to the issuance of building permits, the Approved by project applicant shall pay District-adopted development impact school fees that are in effect at on the time of issuing each permit. The District-adopted fees are required to be in accordance with State statutes that are in effect at the time of issuing each permit. In lieu of the above, the project applicant may comply with alternative mitigation acceptable to the District. Solid Waste Services Planning SWS-I Prior to the issuance of building permits for residential uses, the applicant shall demonstrate how the project would participate in a waste management program, which includes but is not limited to the following: a) A commitment to contract with a recycling ~ ~: business for the collection and repossessing of '-.'!'..g/ass, mixed and newsprint paper, plastics, and ~':aluminum for all residential uses, VuM BA I \VOL I \WPW IN~CI icm ( PN-]N )\02 [ 6\02160011 ~02160011 ,MMP.do~ Approved by on Verification of Compliance Engineering Services and Traffic Engineering Fire Department on 17 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure b) A commitment to begin the recycling when solid waste collection begins. c) Provision of onsite receptacles for the collection of glass, mixed and newsprint paper, plastics, and aluminum for recycling purposes shall be provided. Locations of receptacles shall be indicated on building plans. d) Ensuring that hazardous waste disposal complies with federal, state, and city regulations. Water Development 'Sel~i'e~S.~P~l~ening And Building) Planning W-I Prior to the issuance of building permits, the Approved by project applicant shall coordinate with the California Water Company to establish precise locations for on water distribution and storage facilities that would be constructed onsite and offsite to adequately serve each of the residential and non-residential water needs of the proposed project. Stormwater Draina~,e Building SD-I Prior to the issuance of a grading permit, the Approved by project applicant shall submit drainage plans for the pwject site for review and approval by the City of on Bakersfield. The drainage plans shall identify all necessary onsite and offsite drainage facilities to accommodate project-related as well as cumulative (in accordance with the existing General Plan) drainage volumes and velocities. Modifications to the existing PDA for the Breckenridge are~; will require · ~ approval of an amendment to the PDA by the City ~ aU?takers~eld. ,. C: '~(~;~AI\VOL I\WPWtN~Clicnt (PN-jN)X0216X02160011\(Y216001 I.MMP.doc Verification of Compliance Engineering Services and Traffic Engineering Fire D~paRment 18 Mitigation Monitoring Plan City in the Hills Mitigation Measure AESTHETICS AES-I Prior to the issuance of grading permits, the Planning project applicant shall prepare landscape plans for the project area to provide visual relief from project Approved by structures. On AES-2 Prior to the issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce light impacts may include low-intensity light fixtures and hooded shields. AES-3 Prior to the issuance of building permits, the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting on private residences is designed so that all direct rays are confined to the site and that .adjacent residences are protected from substantial light and glare. Development se~,iees O'lm-n,ing And Building) Planning Approved by On Verllleation of Compliance Engineering Services and Tral~c Engineering Fire Department Comments ~ :; '~MBAIWOLI\WPWIN~Clicnt(PN-JN)\0216~02160011X02160011.MMP.dOc 19 Mitigation Monitoring P/an